Final Inspection Final walk through and keys

S

SharonM

Guest
Jurisdiction
Washington
My name is Sharon and I live in Spokane WA. I have rented for 2 1/2 yrs. I have always been on time or early with rent, my neighbors love me, I have taken very good care of the house and the yard looks 10 times better than when I moved in.
When I first moved into this house the dishwasher was broken and the electric garage door didn't work. I notified the landlord via voicemail immediately and sent a letter with the rent check ever month for 7 months and left several voice mails. I then called the owner of the rental agency and let him know that I have tried to contact her without success. That weekend they both came and replaced the dishwasher and told me they would send their handy man over to look at the garage door. The owner scolded me, telling me that I need to contact her because she is in charge of this rental. I shortly explained that I tried and left it at that. That was July. Late August the 20 year old handy man came to look at the garage door. He was so stoned that he dropped the garage door opener and when he tried to pick it up stepped on it. It broke, he said he would order a new one and left. as of October last year it's still on "back order"... I'm getting off topic... This is just to show that I have always had issues trying to get in touch with the landlord.
At the end of March I received a call from the owner of the house telling me he has to sell and the landlord was supposed to notify me of this at the beginning of March. I told him I was not aware and asked if I needed to move. He said no, that he was going to sell it as an investment property and the longer I stay the better for everyone. The property went on the market and does not say anywhere that it is an investment property. After a few private buyers came through to look at the house I knew it was time to go. To stressful for my son to have people coming in and out when he could be home alone. I left messages for my landlord with no return calls. After telling the realty company that I thought this was a scam and to have my landlord call me I finally received a call from my landlord on 4/9/16. She said that I know as much as she does about the sale of the house and that the owner is a "young kid that doesn't keep me in the loop". I asked if I need to send a formal letter to vacate, she said no that this "conversation was enough" and that I had already paid rent so "you're good until May 1st". We also talked about a house that was going to be available 5/1 and she would let me know when I could come look at the inside. I sent the letter anyway and I have not heard from her since. I have tried to contact her to look at the house and gave up. I also left several messages to do the final walk through and to give her the keys but she does not return my calls. Now what? Do I certify mail the keys to her? What about the deposit? She has an office address but she is very rarely there.
 
A landlord is the person who owns the property you're renting.
Anyone who transacts business for the landlord is an agent, not the landlord.
As I understand it, you paid rent for May on May 1st.
Read your lease, if you have a signed lease, the instructions for terminating the lease your contained within the lease.

Otherwise, you're a month to month tenant.
You, however, do have a lease.
Your lease operates under state law.
In Washington, a month to month tenancy is terminated with a mere 20 days notice.
If you're out by May 31st and the keys are in the hands of the landlord's agent by May 31st, you're good to go.

I'd be out before that, as you're cutting it close.
I'd also make sure I sent the agent my notice via certified or priority mail, both give you proof of delivery.

I'd return the keys in person, getting a signed/dated receipt, or via mail as suggested above. Do it before the 31st, your agreed upon move out date.

It might be easier to use a duplicate key and destroy it after you've vacated the unit.



These WA statutes control your lease arrangement:
RCW 59.18.230
RCW 59.18.140
 
I have not looked at the legal requirements as to whether written notice is required. The fact is that you know that the landlord intends to sell the property and wants you out over a month in advance of the move out date. In many states you need to be notified prior to the rent date and in Washington State it appears there is a 20 day written notice requirement. With transitions like these you should always prepare in advance and get that straightened out with the landlord. If they are having trouble returning your calls and arranging for the return of your security deposit, you may want to bring up the statute and ensure they have a check waiting for you.

Revised Code of Washington, Title 59
RCW 59.18.200

Tenancy from month to month or for rental period—Termination—Armed Forces exception—Exclusion of children—Conversion to condominium—Notice.
(1)(a) When premises are rented for an indefinite time, with monthly or other periodic rent reserved, such tenancy shall be construed to be a tenancy from month to month, or from period to period on which rent is payable, and shall be terminated by written notice of twenty days or more, preceding the end of any of the months or periods of tenancy, given by either party to the other.
(b) Any tenant who is a member of the armed forces, including the national guard and armed forces reserves, or that tenant's spouse or dependant, may terminate a rental agreement with less than twenty days' notice if the tenant receives reassignment or deployment orders that do not allow a twenty-day notice.
(2)(a) Whenever a landlord plans to change to a policy of excluding children, the landlord shall give a written notice to a tenant at least ninety days before termination of the tenancy to effectuate such change in policy. Such ninety-day notice shall be in lieu of the notice required by subsection (1) of this section. However, if after giving the ninety-day notice the change in policy is delayed, the notice requirements of subsection (1) of this section shall apply unless waived by the tenant.
(b) Whenever a landlord plans to change any apartment or apartments to a condominium form of ownership, the landlord shall provide a written notice to a tenant at least one hundred twenty days before termination of the tenancy, in compliance with RCW 64.34.440(1), to effectuate such change. The one hundred twenty-day notice is in lieu of the notice required in subsection (1) of this section. However, if after providing the one hundred twenty-day notice the change to a condominium form of ownership is delayed, the notice requirements in subsection (1) of this section apply unless waived by the tenant.
 
A landlord is the person who owns the property you're renting.
Anyone who transacts business for the landlord is an agent, not the landlord.
As I understand it, you paid rent for May on May 1st.
Read your lease, if you have a signed lease, the instructions for terminating the lease your contained within the lease.

Otherwise, you're a month to month tenant.
You, however, do have a lease.
Your lease operates under state law.
In Washington, a month to month tenancy is terminated with a mere 20 days notice.
If you're out by May 31st and the keys are in the hands of the landlord's agent by May 31st, you're good to go.

I'd be out before that, as you're cutting it close.
I'd also make sure I sent the agent my notice via certified or priority mail, both give you proof of delivery.

I'd return the keys in person, getting a signed/dated receipt, or via mail as suggested above. Do it before the 31st, your agreed upon move out date.

It might be easier to use a duplicate key and destroy it after you've vacated the unit.



These WA statutes control your lease arrangement:
RCW 59.18.230
RCW 59.18.140

I am on a month to month lease. I gave my 20+ day notice at the beginning of April but am unable to get in contact with the property management person. I do not want to call the guy that owns the house because he is a bully to say the least. Is it to late to certify mail the keys now? Maybe send it with a letter "I have tried to contact you without success.." sort of a thing? Just stressing like crazy because this has never happened to me. Usually the landlord/rental company is all over the last day making sure you are out and ready to rent to the next. Thank you so much for your advice
 
I am on a month to month lease. I gave my 20+ day notice at the beginning of April but am unable to get in contact with the property management person. I do not want to call the guy that owns the house because he is a bully to say the least. Is it to late to certify mail the keys now? Maybe send it with a letter "I have tried to contact you without success.." sort of a thing? Just stressing like crazy because this has never happened to me. Usually the landlord/rental company is all over the last day making sure you are out and ready to rent to the next. Thank you so much for your advice

You'll need PROOF that you gave proper notice.
If you wish to rely on the notice given orally to the agent, be persistent in contacting the agent.
You can do as you suggest, if your proof of notice is challenged, it'll make your defense unbelievable.
 
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